Ths decision will be appealed. This is not the last word.
Howard Fischer reports, Ruling: 3 Arizona candidates can stay on ballot:
A judge will not bar three officials who allegedly were involved in some way in the Jan. 6 Capitol riot from running again for office in Arizona.
In a 19-page ruling [not yet posted] released Friday, Maricopa County Superior Court Judge Christopher Coury [a Jan Brewer appointee] said private individuals have no legal right to enforce a provision of the U.S. Constitution that bars those who have engaged in “insurrection” from holding public office. He said only Congress can create such a law.
Coury also rejected a claim by Free Speech for People, which brought the lawsuits, that state election laws give them the right to challenge whether Rep. Mark Finchem is qualified to run for secretary of state and whether Congressmen Paul Gosar and Andy Biggs are legally entitled to seek another term in the U.S. House. He said those laws are designed solely to determine if candidates meet what is required under state law.
Finally, the judge said that the challengers waited too long to bring their claims.
He actually bought into that bullshit laches defense? This is clear error on the part of the judge. Basis for an appeal.
Coury was careful to say that he is not reaching any legal conclusions about the legality of what any of the candidates did either leading up to or on Jan. 6. Nor is he saying that they cannot be brought to justice.
How could he? He did not allow discovery, or conduct an evidentiary hearing. “Ignorance is bliss. I don’t want to know.”
“Indeed, there may be a different time and type of case in which the candidates’ involvement in the events of that day appropriately can and will be adjudicated in court,” the judge wrote. But he said this lawsuit, using state election laws designed to deal with candidate qualifications, is not that case.
“And, irrespective of this decision, there ultimately will be a different trial for each candidate: one decided by Arizona voters who will have the final voice about whether each candidate should, or should not, serve in elective office.”
More like irrespective of this procedural ruling, this case will be appealed to the Arizona Supreme Court.
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UPDATE: “Group plans appeal in effort to keep Biggs, Gosar, Finchem off ballot”, https://www.tucsonweekly.com/TheRange/archives/2022/04/26/group-plans-appeal-in-effort-to-keep-biggs-gosar-finchem-off-ballot
Free Speech for People, the voting rights organization that backed the lawsuit, called the ruling “contrary to the law” and said it will appeal to the Arizona Supreme Court.
“Arizona is not exempted from the mandate of Section 3 of the 14th Amendment to the U.S. Constitution,” the group said in a statement. “A candidate who has taken an oath of office and then engaged in insurrection has no place on a future Arizona ballot.”
Arizona’s primary election is not until Aug. 2, but counties must mail out the first ballots on June 18, leaving only about six weeks for the courts to determine if the three lawmakers should be on or off the ballot. An official with the Maricopa County Recorder’s Office said Monday that the office is waiting on direction from the county attorney’s office following last week’s ruling.
The Arizona case is one of three backed by Free Speech for People, which pressed similar claims against Republican Reps. Madison Cawthorn of North Carolina and Marjorie Taylor Greene of Georgia.
All three cases cite the 14th Amendment, which prohibits people who have taken an oath to defend the Constitution from holding office if they then “engaged in insurrection or rebellion” against the government.
Talk about voter suppression. Trying to remove three candidates from the ballot who have not been convicted or even charged with insurrection on the grounds that they are insurrectionists. What political BS. To paraphrase one of the left’s demons, “Have you no shame?”
Weird, I read that as AZ making a point, about how people who try to overthrow the government of the United States of America probably shouldn’t be allowed to run government.
Because of their crimes. You as a former LEO from New Jersey know full well that not all criminals get convicted, but that doesn’t mean they didn’t do the crime.
The Civil War era amendment about not allow insurrectionists to run for office was probably not going to fly in 2022, but all the same, you seem to have missed the point.
Again.
You are not a smart man, Lyin’ John.
Please donate to RAICESTEXAS dot org. The provide free or low cost legal services to immigrants.
Please donate in honor of Arizona State Rep Lyin’ John Kavanagh, because he’s a mess bitch who lives for drama.
And hey, Lyin’ Johnny, the more I post these comments about you and RAICES the more the algorithm feeds, and soon anyone searching on your name will also see links to RAICES in the results.
Sometimes the internet is good.